Drafting detailed description of the patent application
The detailed description section of patent application provides a complete description of the invention with all the possible embodiments by which invention can be performed by any person. The common practice for drafting the detail description of the invention is to describe the invention with reference to drawings, so that it can be performed by any person skilled in the art. Moreover, the detailed description is used to enable the claims of the patent application.
The detailed description should include each and every detail of the invention which makes the invention new and novel. Also, the inventive subject matter of the invention must be illustrated in the detailed description of the patent application. The claims describe the novel aspects of the invention and the detailed description of the invention enables the claim by providing complete description of the invention with all the possible embodiment of performing the invention.
As the name suggests, the detailed description section occupies maximum part of the patent application. The detailed description can be very short or it may contain more than thousand words. The length of the Detailed Description depends upon the number of steps, type of invention and the various embodiments of the invention.
The structure of the detailed description should be such that the invention can be performed by following the steps mentioned in the detailed description of the patent application. The detailed description section should explain various drawings of the patent application in detail. The person drafting the patent application should use examples, case scenarios and various embodiments in the detail description in order to explain the invention in detail. The detailed description of the patent application starts with the explanation of the first figure of the drawings which illustrates the environment of the invention in a broad manner and ends after explaining all the figures in the patent application.
Patent attorneys or the persons drafting the patent application follow a specific strategy for the explanation of the figures in the detail description. One strategy for drafting the detail description is to list all the components shown in the first figure and proceeds by explaining the nature of interaction between those components. Other strategy is to describe only a few components in detail first and then move on to the explanation of the remaining components. However, the clearest way to explain a figure is to begin the description with a broad overview of four or five major components and then follow up with more detailed description of each of the major components. The strategy used for drafting the detail description varies from one person to the other person drafting the patent application..
Some dos and don’ts for the detailed description:
- Avoid use of passive voice.
- Avoid use of pronouns.
- Avoid long sentences, except for examples.
- Explain each and every detail of the invention in this section.
- Strictly implement or enable all the claims of the patent application.
- Carefully use commas in the detailed description in order to explain the invention.
- Strictly follow antecedent basis. For example: a system xyz for the first time, the system xyz for the further usage.
- Avoid terms that limit the scope of the invention such as “wherein”, “comprises”, “consists”, “comprising”; use the term “include” instead.
- Give examples to explain every concept.
- Number all the components of the drawings in the detail description, use consistent numbering throughout the detailed description of the invention.
- .Give example of an intended use for the invention.
- Include any warnings of the words commonly used in the field that would be necessary to avert failure. For example you can use paragraphs like,
Para 1 – Before the present invention is described in further detail, it is to be understood that the invention is not limited to the particular embodiments described herein. It is to be understood that the terminology used herein is for the purpose of describing particular embodiments only, and is not intended to be limiting, since the scope of the present invention will be limited only by the appended claims.
Para 2 – Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which this invention belongs. Although any methods and materials similar or equivalent to those described herein can also be used in the practice or testing of the present invention, a limited number of the exemplary methods and materials are described herein.
Para 3 – It should be noted that the terms “first”, “second”, and the like, herein do not denote any order, ranking, quantity, or importance, but rather are used to distinguish one element from another. Further, the terms “a” and “an” herein do not denote a limitation of quantity, but rather denote the presence of at least one of the referenced item.
The person drafting the patent application should take care of choosing the words, consistency of terms, antecedent, numbering and much more for writing the detailed description of the patent application. The drafting of description of the patent application should be done only after having a complete knowledge or understanding of the invention. It is better to take help of patent attorney to draft the detailed description of the patent application.